Legal Opinion

In re Moran's Will

Wisconsin Supreme Court

Decided May 29, 1903PublishedCited by 45 opinions

Appeal from a judgment of tbe circuit court for Milwaukee county: LawbeNoe W. Halsey, Circuit Judge. Roger Moran died testate.

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Appeal from a judgment of tbe circuit court for Milwaukee county: LawbeNoe W. Halsey, Circuit Judge. Roger Moran died testate. In bis will were these provisions : “To my beloved wife, the land and appurtenances situated thereon, known and described as lot No. 7, and 33 acres of lot No. 6, east of the railroad lying in the Town of Gran-ville, in the County of Milwaukee and State of Wisconsin, now possessed by me, during the term of her natural life and after her death to be divided equally among my children who may survive. “I also wish my sister Julia Dolan to have an equal share of the above…

1Opinion of the Court

Marshall, J,

This case presents for consideration a question not altogether new, but one that is of special interest in view of a material difference of opinion as to what constitutes a vested estate in the circumstances of the will in question, and the effect of sec. 2037, Stats. 1898, in respect thereto. From the views expressed independently in In re Albiston’s Estate, 117 Wis. 272, 94 N. W. 169, and more fully stated during the discussion leading up to the decision now reached, it appears that possibly there is an unsolved question here as to whether, when an estate is vested under sec.…

2Cases cited33 opinions

  1. Moore v. LittelNew York Court of Appeals · 1869
  2. Moore v. LyonsNew York Supreme Court · 1840
  3. Baer v. HendricksNew York Court of Appeals · 1895
  4. Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
  5. Livingston v. . GreeneNew York Court of Appeals · 1873

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3Cited by45 opinions

  1. Fulton v. FultonSupreme Court of Iowa · 1917
  2. Upham v. PlankintonWisconsin Supreme Court · 1913
  3. In Re Estate of SyversonSupreme Court of Iowa · 1948
  4. Danforth v. City of OshkoshWisconsin Supreme Court · 1903
  5. Pabst v. GoodrichWisconsin Supreme Court · 1907

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